Fair and Equitable Treatment - Determining Compensation

Article from: TDM 6 (2007), in Compensation and Damages in International Investment Arbitration

Introduction

Fair and equitable treatment is one of the standards of treatment of foreigners under
international law. One of the early sources for a discussion of the treatment of foreigners is
the Neer Case .[1] The concept of fair and equitable treatment did not exist at that time,
but the case does address in general terms treatment of foreigners by a host State.
In the post Second World War attempts to regulate the international economy - resulting in the
establishment of the World Bank and the International Monetary Fund - the negotiating states also
tried to create a world ...